Activities of Gilles LEBRETON related to 2022/0047(COD)
Legal basis opinions (0)
Amendments (14)
Amendment 115 #
Proposal for a regulation
Recital 1
Recital 1
(1) In recent years, data-driven technologies have had transformative effects on all sectors of the economy. The proliferation in products connected to the Internet of Things in particular has increased the volume and potential value of data for consumers, businesses and society. High quality and interoperable data from different domains increase competitiveness and innovation and ensure sustainable economic growth. In the light of those challenges, the Commission must support the Member States in their digital independence strategies, in particular in the development of European digital infrastructures, and ensure that European citizens' data is stored and used in Europe and not in third countries. The same dataset may potentially be used and reused for a variety of purposes and to an unlimited degree, without any loss in its quality or quantity.
Amendment 116 #
Proposal for a regulation
Recital 2
Recital 2
(2) Barriers to data sharing prevent an optimal allocation of data to the benefit of society. These barriers include a lack of incentives for data holders to enter voluntarily into data sharing agreements, uncertainty about rights and obligations in relation to data, abuse of dominant positions by third-country Big Tech companies, the EU's lack of ambition with regard to strategic independence from third countries and their companies, costs of contracting and implementing technical interfaces, the high level of fragmentation of information in data silos, poor metadata management, the absence of standards for semantic and technical interoperability, bottlenecks impeding data access, a lack of common data sharing practices and abuse of contractual imbalances with regards to data access and use.
Amendment 117 #
Proposal for a regulation
Recital 4
Recital 4
(4) In order to respond to the needs of the digital economy and to remove barriers to a well-functioning internal market for data, it is necessary to lay down a harmonised framework specifying who, other than the manufacturer or other data holder is entitled to access the data generated by products or related services, under which conditions and on what basis. Accordingly, Member States should notmay adopt or maintain additional national requirements on those matters falling within the scope of this Regulation, unless explicitly provided for in this Regulation, since this would affect the direct and uniform applicatin addition to the express provisions of this Regulation.
Amendment 123 #
Proposal for a regulation
Recital 8
Recital 8
(8) The principles of data minimisation and data protection by design and by default are essential when processing involves significant risks to the fundamental rights of individuals. Taking into account the state of the art, all parties to data sharing, including where within scope of this Regulation, should implement technical and organisational measures to protect these rights. Such measures include not only pseudonymisation and encryption, but also the use of increasingly available technology that permits algorithms to be brought to the data and allow valuable insights to be derived without the transmission between parties or unnecessary copying of the raw or structured data themselves. Products should be designed in a way that makes it possible for data subjects to use products covered by this Regulation anonymously or with the least possible infringement of their privacy.
Amendment 129 #
Proposal for a regulation
Recital 14
Recital 14
(14) Physical products that obtain, generate or collect, by means of their components, data concerning their performance, use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the Internet of Things) should be covered by this Regulation. Electronic communications services include land- based telephone networks, television cable networks, satellite-based networks and near-field communication networks. Such products may include vehicles, home equipment and consumer goods, medical and health devices or agricultural and industrial machinery. The data represent the digitalisation of user actions and events and should accordingly be accessible to the user, while information derived or inferred from this data, where lawfully held, should not be considered within scope of this Regulation. Such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment, health and the circular economy, in particular though facilitating the maintenance and repair of the products in question. The processing, use and sharing of and access to personal and sensitive data, such as health data, by data holders, users and third parties or recipients shall be subject to all the conditions and rules laid down in the EU regulatory framework on data protection and privacy.
Amendment 192 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) 'personal data' means any information relating to an identified or identifiable natural person; shall be considered an identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to an online identifier or to one or more factors specific to his/her physical, physiological, genetic, mental, economic, cultural or social identity;
Amendment 274 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The user and/or third party shall not use the data obtained pursuant to a request referred to in paragraph 1 to develop a product that competes with the product from which the data originate.
Amendment 364 #
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
An exceptional need to use data within the meaning of this Chapter shall be strictly limited in time and scope and only deemed to exist in any of the following circumstances:
Amendment 427 #
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 3015 calendar days, the contractual agreement of the service;
Amendment 434 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. From [date X+3yr + 3 months] onwards, providers of data processing services shall not impose any charges on the customer for the switching process.
Amendment 436 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. From [date X, the date of entry into force of the Data Act] until [date X+3yr + 3 months], providers of data processing services may impose reduced charges on the customer for the switching process.
Amendment 439 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Providers of data processing services shall take all reasonable technical, legal and organisational measures, including contractual arrangements, in order to prevent international transfer or governmental access to non-personal data held in the Union where such transfer or access would create a conflict with Union law or the national law of the relevant Member State, without prejudice to paragraph 2 or 3.
Amendment 443 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – introductory part
Article 27 – paragraph 3 – subparagraph 1 – introductory part
Amendment 464 #
Proposal for a regulation
Article 31 – paragraph 7 a (new)
Article 31 – paragraph 7 a (new)
7a. The competent authorities shall cooperate with the competent authorities of all Member States to ensure this Regulation is implemented coherently and efficiently. Such mutual assistance shall include the exchange of all relevant information by secure electronic means without undue delay, in particular for the purpose of carrying out the tasks referred to in paragraph 3(b), (c) and (d).